JULY 31.] THE NEW ZEALAND GAZETTE. 871

judgment debtor is about to remove from his dwelling or place of business, or is keeping out of the way to avoid service, then the judgment summons may be issued and served at any time before the hearing: Provided that the Magistrate’s Court shall not act upon a summons issued under this rule unless at the hearing such Court is satisfied, by evidence on oath, that at the time of the application for the judgment summons the judgment debtor was about to remove from his dwelling or place of business, or was keeping out of the way to avoid service, in either of which cases service upon such debtor at any time before the time appointed for his appearance shall be sufficient.

10. The hearing of a judgment summons may be adjourned from time to time.

11. Any witness may be summoned to give evidence upon such hearing, in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint. Every such summons shall be according to the form (5) in the First Schedule hereto.

12. Upon the issue of a judgment summons against a party upon an order or judgment of a Magistrate’s Court issuing the judgment summons, the bailiff of such Court shall return into the Court any warrant of execution against the goods of such party which may have been issued in the cause.

13. Where a judgment summons is heard in a Magistrate’s Court other than the Court in which the order or judgment was obtained, and an order is made by the Court in which the judgment summons is heard altering the terms of the order or judgment, all payments under the new order shall be made into, and execution thereupon against the goods shall be issued by, the Court which has so altered the order. Such order shall be in the form (6) in the First Schedule.

14. Where a certified copy of a judgment is obtained from the Clerk of a Magistrate’s Court, or District Court, or Registrar of the Supreme Court, such Clerk or Registrar shall make on the minute of the judgment a memorandum of having given such certificate; and no warrant of execution against the goods, or judgment summons upon such judgment, shall issue from such Court unless it be shown to the satisfaction of the Court or to the Clerk or Registrar of such Court that no order has been made against the execution debtor in any other Court.

Order upon a Judgment Summons, Warrant of Committal, &c.

15. An order made under section 8 of the Act on an order or judgment of a Magistrate’s Court shall be according to the form (7) in the First Schedule, and an order made under the Act on an order or judgment of a Court other than a Magistrate’s Court shall be in the form (8) in the said Schedule; and every such order shall, on whatever day it may be issued from the Clerk’s office, bear date on the day on which the order on the judgment summons was made, and shall continue in force for one year from such date and no longer.

16. When an order on a judgment summons has been made the judgment debtor may, at any time before his body is delivered into the custody of the Gaoler, pay to the bailiff the amount indorsed on the order as that on the payment of which he may be discharged; and on receiving such amount the bailiff shall discharge such debtor, and shall, within twenty-four hours after receiving such amount, pay over the same to the Clerk of the Magistrate’s Court of which he is an officer.

17. The sum indorsed upon the order on a judgment summons, or indorsed upon the warrant of committal as that upon payment of which the prisoner may be discharged, may be paid to the Clerk of the Court from which the order or warrant was issued, or to the Gaoler in whose custody the prisoner is. Where it is paid to the Clerk, he shall sign and seal a certificate of such payment, and upon receiving such certificate by post or otherwise, the Gaoler in whose custody the prisoner shall then be shall forthwith discharge such prisoner. And where it is paid to the Gaoler, he shall, upon payment to him by post-office order of such amount, together with costs sufficient to pay for transmitting such amount to the Court under the order of which the prisoner was committed, sign a certificate of such payment, and discharge the prisoner, and such costs of transmission shall be part of the prescribed costs.

18. A certificate as to payment by a prisoner shall be according to the form (9) in the First Schedule.

19. Orders upon a judgment summons against the same party may be issued concurrently into more than one district: Provided that the cost of one order only shall be allowed unless the Court shall otherwise direct.

20. The warrant to be issued by the Chief Clerk of a Magistrate’s Court under the provisions of section 11 of the Act shall be in the form (10) set out in the First Schedule hereto; and such warrant shall be deemed to be the “warrant in the prescribed form” required to be issued under the said section.

21. No warrant of committal shall be issued against a judgment debtor unless the order made at the hearing of the judgment summons has been drawn up and served upon such debtor: Provided that, where it is shown to the satisfaction of the Court or a Resident Magistrate that the debtor is keeping out of the way to avoid service of such order, service may be dispensed with, and the Court or Resident Magistrate shall direct accordingly.

22. Where a judgment debtor shall, upon the return day of a judgment summons, satisfy the Court that he has been adjudicated a bankrupt, and that the debt was provable in the bankruptcy, or that, in respect of the debt, the provisions of the Bankruptcy Acts for the time being in force have been complied with, no order of commitment shall be made.

23. Where a judgment debtor shall, after the making of an order upon a judgment summons against him, and before its issue, file in the Magistrate’s Court in which the order was made an affidavit, according to the form (11) in the First Schedule, stating that he has been adjudicated a bankrupt, that the debt was provable in the bankruptcy, and that, in respect of the judgment debt, the provisions of the Bankruptcy Acts for the time being in force have been complied with, and shall at the same time give notice to the judgment creditor of the filing of the affidavit, no such order shall issue.

24. Where a judgment debtor is arrested he may, according to the tenor of the order or warrant of committal, file in the Magistrate’s Court within the district in which he is in custody an affidavit as mentioned in the last foregoing rule, and give the notice to the judgment creditor thereof, as therein required; and thereupon the judgment debtor shall be discharged out of custody upon the certificate of the Clerk of such Court. Such certificate shall be according to the form (12) in the First Schedule hereto.

Costs.

25. The costs which shall be payable by a person imprisoned under the Act shall be the fees specified in the Second Schedule hereto, and such fees shall be deemed to be the prescribed costs referred to in section 13 of the Act.

26. All costs incurred by the plaintiff in endeavouring to enforce an order or judgment shall be deemed to be due in pursuance of such order or judgment, under section 5 of the Act.

FIRST SCHEDULE.

[I. Debt 1.

APPLICATION FOR JUDGMENT SUMMONS.

“The Imprisonment for Debt Abolition Act, 1874.”

A.B., Plaintiff.

C.D., Defendant [Address and description of plaintiff and defendant to be added where judgment that of any other Court].

I APPLY for the issue of a judgment summons against the said defendant in respect of a judgment [or order] of this Court [or of (Here set forth the style or other sufficient description of the Court which gave the judgment or made the order)], given [or made] on the day of , 18 , for £ .

And I undertake to prove to the satisfaction of the Court at the hearing that the said defendant has or has had since the date of the said judgment [or order] the means to pay the sum so recovered against him, and that he has refused or neglected, or refuses or neglects, to pay the said sum [or (specify any other of the matters mentioned in subsections (4) and (5) of section 8 of the Act)].

And I am aware that if I do not prove the same accordingly that I shall have to pay the cost of this summons.

Plaintiff [or]

Agent for Plaintiff.

Witness to signature: )

[I. Debt 2.

AFFIDAVIT WHERE JUDGMENT SUMMONS IS SOUGHT.

“The Imprisonment for Debt Abolition Act, 1874.”

In the Court of , held at .

Between A.B., Plaintiff [address, description], and

C.D., Defendant [address, description].

I, , the above-named plaintiff, make oath and say,—

1. That on the day of , 18 , I obtained a judgment [or decree, or order] in [Here set forth the style of the Court in which judgment, decree, or order obtained] against , the above-named defendant, for the payment of the sum of .

2. That there is still due on the said judgment [or order, or decree] the sum of .

Sworn at this )

day of , 18 ,

before me—